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CHILD CUSTODY & VISITATION

AVENTURA CHILD CUSTODY LAWYER

Serving Miami and Ft. Lauderdale

Guidance Through Visitation Matters in Florida

The vast majority of our clients with child custody and visitation issues are loving and caring parents who just want to do what is best for their children. However, simply discussing what is in best interests of the children can be a contentious and sensitive matter when involving the other parent. We have over 13 years of experience and can offer you competent, aggressive, and compassionate representation in all aspects of your child custody and visitation matter.

At the Law Office of Sara J. Saba, P.A. we have guided hundreds of clients through productive negotiations as well as judicial determinations of custody and visitation rights that often accompany divorce and paternity actions. Our Aventura child custody lawyer will provide help obtaining modifications, as well as appealing a recent ruling. You can be assured we do everything legally possible to vigorously advocate your interests and protect your children’s rights.

Sometimes divorcing parents need to understand is the type of child custody available. A judge may award custody in a number of different ways depending on the unique circumstances of the case.

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As an experienced family law attorney in Miami, we can fully explain your rights and help you and the other parent shape a workable, flexible, and creative custody agreement that serves the interests of both the children and the adults. We are experienced in negotiating work schedules, school and activities, family holidays, vacations, weekend custody, and any other obstacles to agreement.

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Get a Litigation-Free Approach to Child Custody & Visitation

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Parents are free to reach their own custody and visitation arrangements through collaborative law or mediation. An amicable agreement is best for all, as it avoids arbitrary decisions by a judge who is unfamiliar with your needs. Our Miami divorce lawyer can help you prepare for your collaborative process. Sometimes, however, one party cannot or will not accommodate the other parent’s wishes in this emotionally charged process. In these cases, you can feel confident that we will provide aggressive protection of your rights and interests.

Child Custody, Parenting Plans & The Best Interest of the Child

Florida Child Custody

Under Florida law, child custody is decided by the courts based on the best interests of the child under the Uniform Child Custody Jurisdiction and Enforcement Act, a national set of laws governing child custody throughout the country. Child custody includes both legal and physical custody. Parents with legal custody of their child are allowed to make decisions regarding education, religion, medical care, and discipline. Physical custody involves the actual location where the child will reside.

Child custody may be either shared or sole custody. The Florida courts have a strong preference for shared custody arrangements, also known as “time-sharing,” unless there is evidence to suggest that shared custody would not be in the best interests of the child.

Parenting Plans

In Florida, parents have the option to agree on a parenting plan outside of the courtroom, which establishes the “time-sharing” schedule for the parents and addresses how parental responsibilities, including legal decisions, will be handled between the two parties. The time-sharing schedule sets forth the time that each parent will spend with their children during the week and during the weekends, as well as where they will sleep each night. These schedules also address where children will spend their time during school breaks, long weekends, and on holidays.

If parents are able to agree on a parenting plan through negotiation, they can then submit the plan to the court, where it will be approved as long as both legal and physical custody have been adequately addressed.

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Best Interests of the Child

When parents are unable to agree on a parenting plan for their children, the court must determine one for them. This determination is based on the best interests of the child and includes many different factors, such as:

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The length of time the child has lived in a stable and satisfactory environment

The geographical viability of the individual parent’s homes

The moral fitness of both parents

The mental and physical health of both parents

The demonstrated ability of each parent to provide a consistent routine

The demonstrated ability of each parent to communicate with the other

Any knowledge of domestic violence or abuse occurring within the household

Any substance abuse by either parent

Additionally, if the child is determined to be old enough to express a preference, the court will consider the wishes of the child in determining custody and the parenting plan. These factors are numerous, and often complicated, so it is important to consult an experienced child custody lawyer if you and your spouse are having difficulty negotiating a parenting plan.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.